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Zoe Papanikolaou

NYS Department of Labor unemployment after termination - if u get terminated can you collect unemployment?

got terminated from my retail job last week after 2 years there and wondering if u get terminated can you collect unemployment in NY? manager said i was late too many times but i had car trouble and told them about it. never got any written warnings or anything like that. im really stressed about paying rent next month. does anyone know if the NYS Department of Labor will approve my claim or am i screwed? should i even bother filing?

Jamal Wilson

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Yes, you can potentially collect unemployment even after being terminated, but it depends on the specific circumstances. NYS Department of Labor will review whether your termination was for 'misconduct' - being late repeatedly could be considered misconduct, but the lack of written warnings works in your favor. You should definitely file a claim immediately since there's a waiting period anyway. The worst they can do is deny it, but you might be surprised. Make sure to mention the car trouble and lack of proper progressive discipline when you file.

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thanks that makes me feel a little better. do i need to mention the car trouble when i file the initial claim or wait until they ask about it?

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Mei Lin

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File ASAP! Even if they initially deny your claim, you can appeal. I got terminated for attendance issues and won my appeal because my employer couldn't prove they followed proper disciplinary procedures. NYS Department of Labor looks at whether you had willful misconduct - sounds like your situation was more about circumstances beyond your control. Document everything about your car troubles and the lack of warnings.

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how long did your appeal take? im dealing with something similar and getting nervous about the timeline

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Amara Nnamani

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ugh the whole system is so frustrating!! I got denied initially for a termination and it took MONTHS to get my appeal hearing. meanwhile bills piling up and NYS Department of Labor just sits on their hands. but definitely file anyway because you never know

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interesting never heard of that. is it expensive? im already worried about money

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honestly the peace of mind was worth it for me. much better than sitting there hitting redial 100 times a day

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NebulaNinja

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yeah you can get it but good luck actually getting through to them to file or fix any issues lol

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Grace Lee

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I went through something similar a few months ago. Got terminated for "performance issues" but really it was just a bad manager who had it out for me. NYS Department of Labor approved my claim after about 3 weeks. The key thing is to be completely honest about what happened when you file - don't try to sugarcoat it or make excuses. If your employer challenges it, you'll get a phone hearing where you can explain your side. The fact that you have documentation about your car troubles and no written warnings definitely helps your case. File today if you haven't already - the sooner you file, the sooner your benefits can start even if there are delays.

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